Police officers take legal avenue after losing promise of permanent jobs
Five Police officers from the Caribbean are taking legal action after being dismissed from their jobs just two days before they reached ten years of service.
The officers claim they had been promised permanent, pensionable positions within the Bermuda Police Service after attaining a decade in the force. Instead, they got letters giving them just two months to settle their affairs and leave the Island.
They are seeking a Supreme Court judicial review of the decision, saying they have been denied their "legitimate expectations".
The officers in question are Romeo Allen, a constable, Emmerson Donald, a detective constable, and Courtney Williams, a sergeant, who are all from Jamaica, plus Adrian George, a constable from Trinidad and Tobago and Cletus Cyris, a constable from St. Lucia.
Lawyer Richard Horseman, who represents the officers, explained: "They were brought to Bermuda just about ten years ago when a recruitment drive took place. They were initially on a two-year secondment to Bermuda and were then offered a second contract in 2002 and a third in 2008.
"In 2007, they were each told they would be offered five-year contracts which would take them past their ten years on the force in Bermuda.
"This was promised to them in writing that they would be made permanent and pensionable Police officers.
"The Bermuda Police Service advised the officers that they would first enter into two-year contracts, even though they were promised five years' employment, because their status would change on the anniversary of their ten years of employment with the service.
"After ten years, overseas officers become pensionable and the Bermuda Government has to contribute to their pensions, and pay them pensions after the age of 65. They all anticipated this offer being made to them. What they accepted on the correspondence was five-year contracts, but they signed two-year written ones on the understanding that they would enter another three-year one.
"As a consequence of the agreement reached, they were each issued five-year work permits from 2008 which do not expire until 2010. They were promised to be made permanent employees which was a big thing for them. But the officers received letters on March 17 giving them two months' notice saying the Commissioner was unable to renew their contract. They terminated them two days short of their ten years."
Mr. Horseman said the officers have been given no reason for their positions being terminated, and they have had no problems with performance or discipline. The men have over 80 years of policing experience between them.
"We're seeking judicial review, we are essentially asking the court to have the Police honour this agreement under the doctrine of legitimate expectation. A promise has been made and the officers have acted in consequence of that promise and the service should honour that promise," he explained.
"They are all devastated. One of them had two children this year and he said 'if I'd known this was coming, I never would have had them this year'. They expected five years' employment and then they are told they have just two months left and they need to settle their affairs.
"They don't have jobs waiting for them in their home forces. It's a real case of hardship for them. They have each devoted a significant part of their professional life to Bermuda."
A preliminary hearing in the case has been listed for May 25, and Mr. Horseman said a court order has been issued in the meantime stopping the Bermuda Police Service from terminating the officers' employment until the matter has been brought before the courts.
They have named Commissioner of Police Michael DeSilva as the first respondent on their application for a Supreme Court judge to review the matter. The other respondents are Senator David Burch, the Minister of Labour Home Affairs and Housing, plus the Public Service Commission.
The Commissioner of Police declined to comment, with his spokesman explaining: "As this matter is expected to be before the courts in due course, the Bermuda Police Service has no comment at this time."
A spokeswoman for the Minister failed to respond to requests for comment.
